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Bill C-32

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	Priority Substances and Other Substances
Categoriza- tion of substances on Domestic Substances List	73. (1) The Ministers shall, within seven years from the giving of Royal Assent to this Act, categorize the substances that are on the Domestic Substances List by virtue of section 66, for the purpose of identifying the substances on the List that, in their opinion and on the basis of available information,
	(a) may present, to individuals in Canada, the greatest potential for exposure; or
	(b) are persistent or bioaccumulative in accordance with the regulations, and inherently toxic to human beings or to non-human organisms, as determined by laboratory or other studies.
Information	(2) Where available information is insufficient to identify substances as referred to in that subsection, the Ministers may, to the extent possible, cooperate with other governments in Canada, governments of foreign states or any interested persons to acquire the information required for the identification.
Application of subsection 81(3)	(3) When categorizing substances under subsection (1), the Ministers shall examine the substances that are on the Domestic Substances List to determine whether an amendment should be made to the List to indicate that subsection 81(3) applies with respect to those substances.
Screening level risk assessment	74. The Ministers shall conduct a screening assessment of a substance in order to determine whether the substance is toxic or capable of becoming toxic and shall propose one of the measures described in subsection 77(2) if
	(a) the Ministers identify a substance on the Domestic Substances List to be a substance described in paragraph 73(1)(a) or (b); or
	(b) the substance has been added to the Domestic Substances List under section 105.
Definition of ``jurisdiction''	75. (1) In this section, ``jurisdiction'' means
	(a) a government in Canada; or
	(b) the government of a foreign state or of a subdivision of a foreign state that is a member of the Organization for Economic Co-operation and Development.
Procedures for exchange of information with other jurisdictions	(2) The Minister shall, to the extent possible, cooperate and develop procedures with jurisdictions, other than the Government of Canada, to exchange information respecting substances that are specifically prohibited or substantially restricted by or under the legislation of those jurisdictions for environmental or health reasons.
Review of decisions of other jurisdictions	(3) Where the Minister is notified in accordance with procedures developed under subsection (2) of a decision to specifically prohibit or substantially restrict any substance by or under the legislation of another jurisdiction for environmental or health reasons, the Ministers shall review the decision in order to determine whether the substance is toxic or capable of becoming toxic, unless the decision relates to a substance the only use of which in Canada is regulated under another Act of Parliament that provides for environmental and health protection.
Priority Substances List	76. (1) The Ministers shall compile and may amend from time to time in accordance with subsection (5) a list, to be known as the Priority Substances List, and the List shall specify substances in respect of which the Ministers are satisfied priority should be given in assessing whether they are toxic or capable of becoming toxic.
Consultation	(2) For the purposes of subsection (1), the Minister shall offer to consult with the government of a province and the members of the Committee who are representatives of aboriginal governments and may consult with a government department or agency, aboriginal people, representatives of industry and labour and municipal authorities or with persons interested in the quality of the environment or the preservation and improvement of public health.
Minister may act	(2.1) At any time after the 60th day following the day on which the Minister offers to consult in accordance with subsection (2), the Minister may act under subsection (1) if the offer to consult is not accepted by the government of a province or members of the Committee who are representatives of aboriginal governments.
Request for addition to Priority Substances List	(3) Any person may file in writing with the Minister a request that a substance be added to the Priority Substances List and the request shall state the reasons for adding the substance to the List.
Considera- tion of request	(4) The Ministers shall consider a request filed under subsection (3) and, within 90 days after the request is filed, the Minister shall inform the person who filed the request of how the Minister intends to deal with it and the reasons for dealing with it in that manner.
Amendments to Priority Substances List	(5) The Ministers may amend the Priority Substances List
	(a) by adding a substance to the List where the Ministers are satisfied on the basis of a determination made as a result of a screening assessment conducted under section 74, the review of a decision of another jurisdiction under subsection 75(3), consultation under subsection (2) or a request made under subsection (3) or for any other reason that priority should be given in assessing whether the substance is toxic or capable of becoming toxic; and
	(b) by deleting a substance from the List where the Ministers have determined whether the substance is toxic or capable of becoming toxic.
Publication of Priority Substances List	(6) The Minister shall publish in the Canada Gazette and in any other manner that the Minister considers appropriate the Priority Substances List and any amendments to the List.
Weight of evidence and precautionary principle	76.1 When the Ministers are conducting and interpreting the results of
	(a) a screening assessment under section 74,
	(b) a review of a decision of another jurisdiction under subsection 75(3) that, in their opinion, is based on scientific considerations and is relevant to Canada, or
	(c) an assessment whether a substance specified on the Priority Substances List is toxic or capable of becoming toxic,
	the Ministers shall apply a weight of evidence approach and the precautionary principle.
Publication after assessment	77. (1) Where the Ministers have conducted
	(a) a screening assessment under section 74,
	(b) a review of a decision of another jurisdiction under subsection 75(3) that, in their opinion, is based on scientific considerations and is relevant to Canada, or
	(c) an assessment whether a substance specified on the Priority Substances List is toxic or capable of becoming toxic,
	the Ministers shall publish in the Canada Gazette and either Minister may publish in any other manner that that Minister considers appropriate a statement indicating one of the measures referred to in subsection (2) that the Ministers propose to take and a summary of the scientific considerations on the basis of which the measure is proposed.
Proposed measures	(2) Subject to subsection (3), for the purposes of subsection (1), the Ministers shall propose one of the following measures:
	(a) taking no further action in respect of the substance;
	(b) unless the substance is already on the Priority Substances List, adding the substance to the Priority Substances List; or
	(c) recommending that the substance be added to the List of Toxic Substances in Schedule 1 and, where applicable under subsection (4), the implementation of virtual elimination under subsection 65(3).
Mandatory proposal	(3) Where, based on a screening assessment conducted under section 74, the substance is determined to be toxic or capable of becoming toxic, and the Ministers are satisfied that
	(a) the substance may have a long-term harmful effect on the environment and is
	(i) persistent and bioaccumulative in accordance with the regulations, and
	(ii) inherently toxic to human beings or non-human organisms, as determined by laboratory or other studies, and
	(b) the presence of the substance in the environment results primarily from human activity,
	the Ministers shall propose to take the measure referred to in paragraph (2)(c).
Proposal for virtual elimination	(4) Where the Ministers propose to take the measure referred to in paragraph (2)(c) in respect of a substance and the Ministers are satisfied that
	(a) the substance is persistent and bioaccumulative in accordance with the regulations,
	(b) the presence of the substance in the environment results primarily from human activity, and
	(c) the substance is not a naturally occurring radionuclide or a naturally occurring inorganic substance,
	the Ministers shall propose the implementation of virtual elimination under subsection 65(3) of the substance.
Scientific consultation	(5) Any person may, within 60 days after publication of the statement referred to in subsection (1), file with the Minister written comments on the measure the Ministers propose to take and the scientific considerations on the basis of which the measure is proposed.
Publication of final decision	(6) After taking into consideration in an expeditious manner the comments filed under subsection (5), the Ministers shall publish in the Canada Gazette
	(a) a summary of the screening assessment conducted under section 74, of the review of a decision of another jurisdiction under subsection 75(3) or of a report of the assessment of substances specified on the Priority Substances List, as the case may be;
	(b) a statement indicating the measure that the Ministers propose to take; and
	(c) where the measure is that referred to in paragraph (2)(c), a statement indicating the manner in which the Ministers intend to develop a proposed regulation or instrument respecting preventive or control actions in relation to the substance.
Report of assessment	(7) Where the Ministers publish a statement under subsection (6) in respect of a substance specified on the Priority Substances List, the Ministers shall make a report of the assessment of the substance available to the public.
Notice of objection	(8) Where the Ministers make an assessment whether a substance specified on the Priority Substances List is toxic or is capable of becoming toxic and decide not to recommend that the substance be added to the List of Toxic Substances in Schedule 1, any person may, within 60 days after publication of the decision in the Canada Gazette, file a notice of objection with the Minister requesting that a board of review be established under section 333 and stating the reason for the objection.
Recommen- dation to Governor in Council	(9) The Ministers shall make a recommendation for an order under subsection 90(1) when publishing a statement under paragraph (6)(b) indicating that the measure that they propose to take is a recommendation that the substance be added to the List of Toxic Substances in Schedule 1.
Notice of objection	78. (1) Subject to subsections (2) to (4), where a substance has been specified on the Priority Substances List for a period of five years and the Ministers have not yet determined whether the substance is toxic or capable of becoming toxic, any person may file a notice of objection with the Minister requesting that a board of review be established under section 333.
Notice of suspension of five year period	(2) Where a substance is specified on the Priority Substances List and the Ministers are satisfied that new or additional information is required to assess whether the substance is toxic or capable of becoming toxic, the Minister shall publish a notice in the Canada Gazette indicating
	(a) that the period of five years referred to in subsection (1) is suspended and the duration of the suspension; and
	(b) the new or additional information that is required to assess whether the substance is toxic or capable of becoming toxic, unless another provision of this Part requires the submission of the new or additional information.
Contents of notice	(3) Where a notice is published under subsection (2), the operation of subsection (1) in relation to the substance is suspended until the earlier of
	(a) the expiry of the period determined by the Ministers, notice of which is given in the Canada Gazette, and
	(b) the time when the required information becomes available to the Ministers.
Notice of objection after a suspension	(4) Where a notice is published under subsection (2) and the Ministers have not yet determined whether the substance is toxic or capable of becoming toxic within a period of two years after the date on which the suspension referred to in the notice ends, any person may file a notice of objection with the Minister requesting that a board of review be established under section 333.
Plans required for virtual elimination	79. (1) Where the Minister publishes in the Canada Gazette under subsection 77(6) a statement indicating that the proposed measure, as confirmed or amended, is the implementation of virtual elimination under subsection 65(3) in respect of a substance, the Minister shall in that statement require any person who is described in it to prepare and submit to the Minister a plan in respect of the substance in relation to the work, undertaking or activity of the person.
Content of plan	(2) Every person who is required to prepare and submit a plan under subsection (1)
	(a) shall include in it a description of the proposed actions in respect of the implementation of virtual elimination under subsection 65(3) of the substance in relation to the work, undertaking or activity of the person and the period within which the proposed actions are to be completed; and
	(b) may include in it relevant information respecting measurable quantities or concentrations of the substance, environmental or health risks and social, economic or technical matters.
Compliance with statement	(3) Every person to whom a statement referred to in subsection (1) is directed shall comply with it within the period specified in the statement.
Time delay	(4) The period of time to be specified in the statement shall begin no earlier than the date on which an order is made under subsection 90(1) adding the substance to the List of Toxic Substances in Schedule 1.

Bill C-32

Priority Substances and Other Substances